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The Employer E-Letter: Labor and Employment Law News from the Duluth, Minnesota law firm of
Hanft Fride, A Professional Association.
Editor, Richard R. Burns, rrb@hanftlaw.com or 218.529.2433.
Please feel free to forward this e-mail or share it with others. If there are other topics of interest to you or any other suggestions concerning this newsletter, please let us know.
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THIS MONTH'S TOPICS:
- SAVE THE DATE! ANNUAL EMPLOYMENT LAW SEMINAR
- MILITARY LEAVE RESOURCES FOR EMPLOYERS
- DRUG TESTING IN MINNESOTA
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SAVE THE DATE!
13th ANNUAL EMPLOYMENT AND LABOR LAW SEMINAR
MARCH 21, 2007
HOLIDAY INN DOWNTOWN, DULUTH
We are planning another interesting and informative day for seminar attendees in March. Contact Debi Lehna, dal@hanftlaw.com or 218.722.4766 with questions.
Some of the issues that will be covered at this year's seminar include:
- Pre-employment screening and background checks
- Defining "disability" under the ADA and MHRA
- Unlawful Employer Retaliation
- Electronic Discovery under the New Federal Rules
- Unemployment Compensation
- Illegal Immigrants in the Workplace
- Independent Contractors vs. Employees
Schedule and registration materials will be mailed in February.
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MILITARY LEAVE RESOURCES FOR EMPLOYERS
The U.S. Department of Labor has a wealth of resources addressing the Uniformed Services Employment and Reemployment Rights Act (USERRA) at www.dol.gov/compliance/laws/comp-userra.htm. The act governs employers' obligations and employees' rights when returning from military service, including the reserves or National Guard, and the act prohibits discrimination based on military service or obligation. Military service is affecting an increasing number of employees and employers, and it is likely we will see more legislative activity addressing employment and related benefits concerns in the year to come.
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DRUG TESTING IN MINNESOTA
Many employers do not realize that they must have a separate drug testing policy in order to test employees for drugs or alcohol, even if you have a case of obvious intoxication. While you may discipline an employee or address performance concerns based on observable behaviors or deficiencies, an employer may not require an employee to undergo a drug or alcohol test unless the employer has instituted a policy that complies with Minnesota Drug and Alcohol Testing in the Workplace Act, Minn. Stat. §§ 181.950 - .957.
This policy must, at a minimum, set forth the following information:
- which employees are subject to testing;
- the circumstances under which drug or alcohol testing may be requested or required;
- the employee's right to refuse testing and the consequences of refusal;
- any disciplinary or other adverse personnel action that may be taken based on a confirmed positive test result;
- the employee's right to explain a positive test result or request and pay for a confirmatory retest; and
- any other appeal procedures available.
The drug and alcohol tests themselves must comply with specific criteria outlined in the act, in order to help insure the reliability of the testing process.
PRACTICAL POINTER : Do not proceed with drug and alcohol testing of employees until you have created a policy that conforms to Minnesota law and is properly distributed to employees who will be covered by it.
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Hanft Fride's business and trial lawyers are located at 1000 U.S. Bank Place, in Duluth Minnesota. Visit our website at www.hanftlaw.com. In addition to general information on the firm and our attorneys, you can find past issues of this newsletter. Keep checking back for new information, and let us know if there is anything you would like to see added to the site that would help you and your organization.
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The information provided in this E-letter is general in nature and should not be used as a substitute for professional services and advice. The communication and receipt of this information is not intended to create an attorney-client relationship. Readers should consult with their legal counsel before taking any action on matters covered in this E-letter.
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To subscribe or unsubscribe to Employer E-Letter, e-mail your request to Richard R. Burns, rrb@hanftlaw.com or call 218.529.2433.
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Copyright 2007 by Hanft Fride, P.A. All rights reserved.
Hanft Fride, A Professional Association, 1000 U.S. Bank Place, 130 W. Superior Street, Duluth, MN 55802.
Phone 218.722.4766; Fax 218.529.2401.
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